section129(1)(b) of Rajasthan GST ACT

[KANHAIYA AGRAWAL]

Please guide me regarding penalty deposited due to Goods Seized Under Section 129(1)(b) of the Rajasthan- RGST Act, 2017.

The seizure of our goods while in transit from Udaipur- Rajasthan, to Delhi. The goods were intercepted by Rajasthan RGST officers at Alwar- Rajasthan. The officers imposed a penalty under Section 129(1)(b) of the RGST Act, 2017 totalling ₹5,67,562/- (equal to 100% of the value of goods) for the release of the goods.

1. My Calculation:
   • Taxable Value of Goods: ₹5,67,562/- Tax (18%): ₹1,02,161/-
   • Penalty (50% of Value): ₹2,83,781/-
   • CGST: ₹1,41,891/- SGST: ₹1,41,891/-
2. Officers' Calculation:
   • Taxable Value of Goods: ₹5,67,562/- Tax (18%): ₹1,02,161/-
   • Penalty (100% of Value): ₹5,67,562/- (50% CGST + 50% SGST).
   • CGST: ₹2,83,781/-SGST: ₹2,83,781/-

The amount has been deposited under the head penalty CGST: ₹2,83,781/-SGST: ₹2,83,781/- to release the goods.

Please share correct calculation as per GST PROVISION?

Thanks in advance

Regards

AI Summary

Clarification on Penalties Under Section 129(1)(b) of Rajasthan GST Act for Goods Seized During Transit A participant sought guidance on penalties imposed under Section 129(1)(b) of the Rajasthan GST Act, 2017, after goods were seized during transit. The penalty imposed was equal to 100% of the goods' value, totaling 5,67,562, divided equally between CGST and SGST. Another participant confirmed the department's calculation as correct, explaining that penalties under both the CGST and RGST Acts are 50% each, while the IGST Act sums these penalties. The discussion clarified the application of GST provisions, emphasizing that penalties are typically calculated under both the CGST and applicable SGST Acts.